Shoulder decisions — 2024

The Board has remanded the claims of cervical spine and bilateral shoulder disabilities due to a duty-to-assist error. The Veteran's cervical spine disability is presumed to have preexisted service, but the examiner must determine if it was aggravated by service. Shoulder disabilities are also being examined for their relation to in-service injuries.

The Veteran's service connection claims for chronic sinusitis, allergic rhinitis, GERD, IBS, right shoulder disability, and OSA are granted due to the PACT Act presumption of exposure to burn pits.,Service connection is established for chronic sinusitis, allergic rhinitis, GERD, and IBS based on presumptive service connection under the PACT Act.

The Board has granted service connection for degenerative arthritis of the bilateral hips and shoulders, finding that these conditions are secondary to the Veteran's already service-connected left knee disability.

The Board has remanded the claims for service connection due to errors in the initial decision process and additional evidence received after the initial decision. The Veteran's left shoulder, cervical spine, and low back disabilities are all under review.

The Board has determined that there were duty-to-assist errors and the claims are remanded for further development.

The Board has granted service connection for a right shoulder disability and remanded the issues of upper back problems, lower neck problems, an acquired psychiatric condition, erectile dysfunction, forehead linear scar, and right wrist circular scar.

The Board has determined that the Veteran's left shoulder rotator cuff tear is due to an injury sustained during service, and thus grants service connection for this condition.

The Veteran's claims for service connection for vertigo, right shoulder disability, right ankle disability, left ankle disability, right knee disability, left knee disability, right hip disability, and left hip disability are denied. The Veteran's claim for service connection for a psychiatric disability (to include major depressive disorder and borderline personality disorder) is remanded.,The Veteran's claim for service connection for syncope is also remanded.

The Board denied compensation under 38 USC § 1151 for right shoulder disability because the appellant did not experience an additional disability of his right shoulder that was proximately caused by negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. The delay in receiving treatment did not contribute to the additional disability.

The Board has remanded the cases for further development to determine if the Veteran was in a period of Active Duty Training (ACDUTRA) or Inactive Duty Training (INACDUTRA) during motor vehicle accidents that likely caused their low back and right shoulder disabilities.

The Veteran's neck disability manifested by pain is granted as service-connected.,Tinnitus has been assigned the maximum rating authorized under the applicable diagnostic code and no higher rating can be established without a current VA reexamination.

The Board dismissed the appeals regarding reductions in ratings and claims for additional disability compensation due to a lack of proper Notice of Disagreement (NOD) form.

The Board denied the Veteran's appeal as the withholding of VA compensation benefits to recoup her separation pay was proper, and no hardship waiver could be granted.

The Veteran's lumbar spine disability is granted as service-connected, while the cervical, left knee, right knee, and right shoulder disabilities are remanded for further examination.

The Veteran's TDIU was granted effective January 25, 2021, as the evidence showed he was unable to secure or maintain gainful employment due to his service-connected disabilities since that date.

The Veteran's right shoulder bicipital tendonitis, rotator cuff tendonitis, and acromioclavicular joint osteoarthritis; left shoulder rotator cuff tendonitis; intervertebral disc syndrome; and cervical spondylosis are related to service.

The Board has decided to remand the case due to insufficient evidence regarding service connection for a right shoulder disability, specifically related to in-service exposures and the Veteran's service-connected COPD with non-small cell carcinoma of the lung.

The Veteran's claims for increased PTSD rating, SMC based on housebound status, and TDIU are all denied. The effective date of the 100% disability rating for PTSD is set at November 25, 2019.

The Board has determined that the VA examinations conducted in June 2021 were inadequate for adjudication purposes and thus remanded to obtain additional opinions regarding the etiology of the Veteran's diagnosed conditions.

The Board has dismissed the Veteran's claims for service connection for left hip disability, right hip disability, right shoulder disability, and sleep apnea as the AOJ has not yet adjudicated these issues.